HBA-MSH H.B. 1961 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1961
By: Nixon, Joe
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

In civil cases involving a request to certify a class, the supreme court
must issue a writ of error to review the lower court's decision to certify
or refuse to certify a class, placing the burden on the supreme court.
Writs of error are also currently prohibited in certain civil cases.  House
Bill 1961 authorizes a petition for review to the supreme court to review
decisions concerning the certification of a class as well as prohibiting a
petition of review of certain civil judgments. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1961 amends the Government Code to prohibit a petition for
review to rather than a writ of error from, the supreme court in: 

 _a case appealed from a county court or from a district court when under
the constitution a county court would have had original or appellate
jurisdiction of the case, with the exception of a probate matter or a case
involving state revenue laws or the validity or construction of a statute; 

 _a case of a contested election other than a contested election for a
state officer, with the exception of a case where the validity of a statute
is questioned by the decision; 

 _an appeal from an interlocutory order appointing a receiver or trustee or
from other interlocutory appeals that are allowed by law; 

 _an appeal from an order or judgment in a suit in which a temporary
injunction has been granted or refused or when a motion to dissolve has
been granted or overruled; and  

 _ all other cases except the cases where appellate jurisdiction is given
to the supreme court and is not made final in the courts of appeals. 

The bill authorizes a petition for review to, rather than a writ of error
from, the supreme court for an appeal of an interlocutory order of a
district court, county court at law, or county court that certifies or
refuses to certify a class in a suit and certain free speech cases. 

EFFECTIVE DATE

September 1, 2001 and applies only to an appeal of an interlocutory order
from a court if the order was rendered on or after that date.